July 7, 2016—Professor Cara Horowitz was quoted by Bloomberg Law in an article detailing the California Air Resources Board’s plan to release a regulatory proposal updating the greenhouse gas emission cap-and-trade program. Professor Horowitz points out that pending litigation alleges the cap-and-trade auction is an illegal tax, however, and this allegation has not yet been addressed by the California Court of Appeal.

“We learn this year whether the California Court of Appeal will conclude the auction is an illegal tax," said Professor Horowitz “A better reading of the law is that it is not a tax.”